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INDIAN EVIDENCE ACT, 1872 PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence ? Evidence Act ? S 3 ? Relevant fact ?Identification ?first time in the Court ? Solitary evidence ? Basing conviction on ?Held, if a witness had any particular reason to remember about the identity of an accused?the case can be brought under the exception ?& upon solitary evidence of identification of an accused in court for the first time?conviction can be based ? Dana Yadav alias Dahu and Ors. v. State of Bihar ?Relied. (Para 21) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence ? Evidence Act ? S 3 ? Relevant fact ?Test identification parade ? absence of ?Identification ?first time in the Court ? Held, witness had a chance to interact with the accused ?or that in a case where the witness had an opportunity to notice the distinctive features of the accused ?which lends assurance to his testimony in court ?the evidence of identification in court for the first time by such a witness cannot be thrown away merely because no test identification parade was held ? Dana Yadav alias Dahu and Ors. v. State of Bihar ?Relied. (Para 21) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ?Test identification parade ? absence of ?may not be fatal ? if the accused is sufficiently described in the complaint leaving no doubt in the mind of the court regarding his involvement ? or is arrested on the spot immediately after the occurrence ? and in either eventuality ? the evidence of witnesses identifying the accused for the first time in court ? can form the basis for conviction without the same being corroborated by any other evidence ? absence of TI Parade may not be fatal? Dana Yadav alias Dahu and Ors. v. State of Bihar ?Relied. (Para 21) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ?Test identification parade ? general rule of prudence ? to generally look for corroboration of the sworn testimony of witnesses in court as to the identity of the accused who are strangers ? exceptions to ? When the court is impressed by a particular witness on whose testimony it can safely rely without such or other corroboration? Dana Yadav alias Dahu and Ors. v. State of Bihar ?Relied. (Para 21) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ?Test identification parade ? non conducting ? Held, after considering some undisputed facts like occurrence of incident at night, at a place with improper lighting and all the accused-appellants were not known to the forest officers ? there should have been TIP conducted at the instance of the investigating officer ? Identification of the accused by the prosecution witness for the first time after a gap of more than 2 years ? is not beyond reasonable doubt ? the same should be seen with suspicion. (Para 21) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ?Arrest ? Delay in ? 8 days delay in arrest of the accused persons after the witness revealed their identity in his statement u/s 161 CrPC ? Explanation of the prosecution ? accused-appellants were absconding ? Held, the Trial Court rightly observed, if they were really absconding, then they should have remained absconding ? Their arrest from their home casts a shadow of doubt on the prosecution story rendering the same to be concocted and dubious ? Rather fortifies the plea taken by all the accused-appellants that they have been falsely implicated in the case. (Para 22) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ? Injury on the person of deceased ? Non explanation of ?is lacuna in the prosecution story which casts a shadow of doubt on the same ? the benefit of which should certainly go to the accused-appellants. (Para 25) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ? Condition of injured persons ? less seriously injured persons were taken to hospital leaving more seriously injured person on the spot ? held, strange & fatal to prosecution. (Para 27) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ? hostile panch witness ?recovery ? Held, the prosecution evidence in this regard cannot be relied upon. (Para 27) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ? Fact in issue ?A case of passive submission under psychological pressure or tacit consent ? are the questions which will have to be finally decided on analysis of evidence? Held, quashing the FIR qua main accused at this stage would amount to rejecting the accusation made by the prosecutrix without giving her any opportunity to prove the said allegations?Prosecution cannot be quashed qua accused?IPC ? S 375 & 376. (Para 15) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ?relevant fact ? Panch witness ? evidence of ? recovery of counterfeit currency notes ?the witness does not speak of any note being recovered in his presence from the appellant ? contradiction regarding time of recovery ? fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ?relevant fact ? Panch witness ? Calling of different set of panchas ? the panchas called by the IO were available, the IO asked them to go and called a different set of panchas for the personal search ? Held, rather mysterious. (Para 9) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 25 & 27 ? Recovery ? Panch witness & prosecution case ? discrepancy between ? Sealing of recovered articles ? the witness does not say that the notes were sealed in his presence. (Para 9) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 3 ? Relevant fact ? Personal search ? recovery of counterfeit currency notes ? nothing except the counterfeit currency notes were found with the accused ? No ordinary articles such as handkerchief, comb, wallet etc. or even genuine currency notes, were found ?major improbability ?fatal to prosecution. (Para 9) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 45 ?Expert opinion? Expert ? function of ? is to put before the court all the materials, together with reasons which induce him to come to the conclusion ? so that the court, may form its own judgment by its own observation of those materials. (Para 17) PDF
INDIAN EVIDENCE ACT, 1872 Jurisprudence ? Evidence Act ? S 45 ?Expert opinion? relying on ? Held, Ordinarily, it is not proper for the court to ask the expert to give his finding upon any of the issues, whether of law or fact ? because such issues are for the court or jury to determine. (Para 17) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 45 ?Expert opinion? Duty of expert ? An expert is to furnish the court his opinion and the reasons for his opinion along with all the materials. (Para 20) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act ? S 45 ?Expert opinion? Reliability of ? Inference drawn from a test or from any process of scrutiny ? is still an opinion based the knowledge of expert ? In case, subsequently, he comes across some authentic material which may suggest a different opinion ? he must address the same, lest he should be branded as intellectually dishonest ? Objective approach and openness to truth actually form the basis of any expert opinion. (Para 20) PDF